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On Point is a judicial analysis blog written by members of the Wisconsin State Public Defenders. It includes cases from the Wisconsin Court of Appeals, Supreme Court of Wisconsin, and the Supreme Court of the United States.
Discovery – Privileged Records
State v. Frederick Robertson, 2003 WI App 84
For Robertson: Jefren Olsen, SPD, Madison Appellate
Issue/Holding: Where principal issue concerned the complainant’s credibility, indication first revealed after conviction that she had been treated for depression with psychotic features around the time of the incident required in camera inspection to determine whether her mental health records must be disclosed to the defense.
This case arrives at the unmapped intersection of postconviction discovery and privileged records.
Mootness — General
State v. Lindsey A.F., 2003 WI 63, affirming 2002 WI App 223, 257 Wis. 2d 650, 653 N.W.2d 116
For Lindsey A.F.: Eileen Hirsch, SPD, Madison Appellate
Issue/Holding: ¶7 n. 5:
As a general rule, this court will not consider an issue which will not have any practical effect upon an existing controversy. State v. Leitner,
Expert — Qualifications — Lay Expert — Probation/Parole Officer, Opinion as to Likelihodd of Sexual Violence
State v. Thomas Treadway, 2002 WI App 195
For Treadway: Lynn E. Hackbarth
Issue/Holding: Fact that probaiton/parole agent wasn’t mental health specialist didn’t preclude him offering lay expert opinion on likelihood of ch. 980 respondent re-offending. Lay expertise may be found under § 907.02, based on relevant experience, education, and/or training.
Instructions – Self-Defense – Victim Unarmed and Not Committing Unambiguously Violent Act at Time of Death
State v. Debra Ann Head, 2002 WI 99, reversing, 2000 WI App 275
(See summaries at Defenses — Defense of Self, and scroll down)
Cross-examination — Bias — Interplay with Fifth Amendment
State v. Jon P. Barreau, 2002 WI App 198, PFR filed 8/12/02
For Barreau: Glenn C. Reynolds
Issue/Holding:A line of inquiry that suggests potential bias is relevant; however, the witness’s “real and appreciable apprehension” of self-incrimination trumps the right of confrontation. In such an instance it may be necessary to prevent the witness from testifying or to strike portions of his or her testimony. ¶¶51-52. (No error found here,
Cross-examination — Bias — Pending Charges
State v. Jon P. Barreau, 2002 WI App 198, PFR filed 8/12/02
For Barreau: Glenn C. Reynolds
Issue/Holding A witness’s pending criminal charges are relevant to bias, even absent promises of leniency. ¶55. In this instance, the trial court prohibited cross-examination about whether the witness was receiving benefits from the state for his testimony, but only after the witness testified outside the jury’s presence that there were none.
Street Clothes Rather than Jail Garb — No Right to Appear in
State v. Cornelius R. Reed, 2002 WI App 209, PFR filed 7/16/02
For Reed: Stephanie G. Rapkin
Issue/Holding: The trial court has discretion to deny a defense request that a witness be allowed to testify in street rather than jail clothes. That discretion was properly exercised here: allowing the witnesses to change in bullpens would have created a security risk, ¶8; in contradistinction to a defendant,
Ambiguous Assertion of Rights — Counsel
State v. Edward Terrell Jennings, 2002 WI 44, on certification
For Jennings: Margaret A. Maroney, SPD, Madison Appellate
Issue: Whether the police may continue to interrogate a suspect who has ambiguously asserted rights, — in this instance, “I think maybe I need to talk to a lawyer.”
Holding:
¶36. Applying Davis, we conclude that Jennings’ statement to Detective Kreitzmann, “I think maybe I need to talk to a lawyer,”
SVP – Substantive Due Process – Jury Finding of Serious Difficulty Controlling Behavior
State v. John Lee Laxton, 2002 WI 82, affirming unpublished court of appeals decision
(Affirmed on habeas review, John L. Laxton v. Bartow, 421 F.3d 565 (7th Cir 2005))
For Laxton: Margaret A. Maroney, SPD, Madison Appellate
Issue: Whether ch. 980 is unconstitutional by failing to adequately narrow the class of commitment subjects to those with serious difficulty controlling dangerous behavior.
SVP – Trial – Jury Instructions – Serious Difficulty Controlling Behavior
State v. John Lee Laxton, 2002 WI 82, affirming unpublished court of appeals decision
(Affirmed on other grounds, habeas review, John L. Laxton v. Bartow, 421 F.3d 565 (7th Cir 2005))
For Laxton: Margaret A. Maroney, SPD, Madison Appellate
Issue: Whether the jury instructions adequately conveyed the requirement of mental disorder causing serious difficulty in controlling behavior.
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On Point provides information (not legal advice) about important developments in the law. Please note that this information may not be up to date. Viewing this blog does not create an attorney-client relationship with the Wisconsin State Public Defender. Readers should consult an attorney for their legal needs.